Louisiana

LOUISIANA — The defendants Ford and Cummins filed motions in limine to exclude or limit the expert testimony of the plaintiffs’ experts Dr. Brent Staggs, Dr. Murray Finkelstein, and Christopher Depasquale. The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma.
Under Daubert, the district court “is to act as a gatekeeper to ensure that ‘any and all scientific testimony or…Continue reading...

LOUISIANA — The plaintiff Callen Dempster filed suit against multiple defendants, alleging that he was exposed to asbestos and asbestos-containing products while employed by Avondale Industries, Inc. (Avondale) from 1962-1994. The plaintiff originally filed suit in the Civil District Court for the Parish of Orleans, State of Louisiana, on March 14, 2018. On June 21, 2018, the defendants Huntington Ingalls Incorporated, Albert Bossier, Jr., J. Melton Garret, and Lamorak Insurance Company (the Avondale Interests) removed the case to the eastern district under the Federal Officer…Continue reading...

LOUISIANA — The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma. The defendants removed the action to the Eastern District of Louisiana, and Ford and Cummins Inc. filed a joint motion for summary judgment, arguing that the plaintiff could not show that their products substantially contributed to Michel’s mesothelioma. Plaintiff opposed the motion.
The defendants argued jointly that they were entitled…Continue reading...

LOUISIANA — The plaintiff Victor Michel (plaintiff) initially filed suit in state court on July 28, 2017, alleging asbestos exposure as a result of his work as a mechanic and generator service technician from 1965-2005. The defendants removed the case to federal court on May 8, 2018. After the case was removed to federal court, a status conference was held at which the court asked the parties to notify it of any remaining discovery. There was no discussion as to any further expert discovery. The…Continue reading...

LOUISIANA –The plaintiff filed suit against several defendants including Huntington Ingalls (Avondale) and Kaiser Gypsum (Kaiser) alleging her mother, Dolores Punch, developed and passed from mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, the plaintiff alleged that her decedent was exposed to asbestos fibers from washing the laundry of her husband who had worked as a pipe fitter at Avondale from 1948-1960. The plaintiff later amended her complaint to include exposure from the work clothes of her son…Continue reading...

LOUISIANA — Wayne Bourgeois worked as a welder from 1989 to 1994 at Chevron Chemical (Chevron) in Belle Chasse, Louisiana. His employer was J.E. Merit, a predecessor to Defendant Jacobs Field Services North America, Inc. (Jacobs). As part of their contract to provide maintenance for the Chevron plant, including welders, Jacobs agreed to indemnify Chevron against loss, damage, injury or death connected with their work under the contract. Bourgeois developed mesothelioma and sued Chevron, who tendered the defense to Jacobs who declined to defend. Chevron…Continue reading...

LOUISIANA — The plaintiffs filed this action against many defendants including Huntington Ingalls (Avondale) alleging their decedent contracted mesothelioma as a result of exposure to asbestos while working at Avondale Shipyard from 1964-1972. Avondale removed the case asserting Federal Officer Removal Statute. The plaintiff moved to remand arguing that Avondale could not satisfy the elements required under Federal Officer Removal Statute.
According to the court, Avondale must show that it 1) that the person is within the meaning of the statute 2) that it has…Continue reading...

LOUISIANA — The plaintiff filed suit against several defendants including Kaiser Aluminum (Kaiser) and Huntington Ingalls (Avondale) alleging her mother, Dolores Punch, contracted mesothelioma from exposure to asbestos while washing the work clothes of her husband and son. Mr. Punch worked as a pipefitter and welder at Avondale Shipyard from 1948-1960 and at Kaiser Aluminum from 1961-1967 handling the same material. The decedent’s son also worked as a helper and pipefitter at Avondale from 1976-1979. Avondale removed the suit to federal court asserting the Federal…Continue reading...

LOUISIANA — The plaintiff Victor Michel filed a personal injury suit inLouisiana state court alleging that his mesothelioma was caused by exposure to asbestos during his work as a parts delivery driver, truck mechanic, and generator service technician. The defendant Cummins, Inc. removed the matter to federal court after receiving a deposition transcript of plaintiff that arguably demonstrated that defendant and Louisiana resident, Taylor-Seidenbach, Inc. (TSI), was fraudulently joinedto defeat diversity jurisdiction. The plaintiff moved to remand asserting a lack of diversity jurisdiction,…Continue reading...

LOUISIANA –The decedent Frank Williams allegedly contracted mesothelioma through asbestos exposure while working at the NASA Michoud Assembly Facility (MAF). Lockheed Martin removed to federal court under the federal officer removal statute. The case was transferred to the Asbestos MDL, after which decedent’s children were substituted as the plaintiffs. The Asbestos MDL court issued various orders, including granting motions for summary judgment, and ultimately remanded the entire case back to Louisiana state court; plaintiffs then voluntarily dismissed their claims against the four remaining defendants. One…Continue reading...

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